Jeremy Ogilvie-Harris

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Jeremy Ogilvie-Harris
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Jeremy Ogilvie-Harris is a barrister at Cornerstone Barristers with experience in public law, human rights and civil liberties, housing and homelessness, and welfare benefits. He also has an interest in developing a practice in planning, environment and climate law, information and data protection law, and commercial and property law, particularly where it intersects with issues of public interest. He has started to undertake work and develop a practice in these fields.

Jeremy completed pupillage with Cornerstone Barristers from October 2023 to September 2024. He was supervised by Andrew Lane, Ruchi Parekh, Riccardo Calzavara, and Jack Parker.

Prior to pupillage, Jeremy was the Public Law and Welfare Benefits Supervisor and a Housing and Benefits Caseworker at the Hackney Community Law Centre from July 2019 to May 2023. He was also the Planning Voice Caseworker at Southwark Law Centre from January to May 2023. He has an LLM in Public Law from UCL and taught Public Law at Queen Mary University from January 2022 to May 2023.

Expertise

  • Public Law and Judicial Review

    Jeremy has extensive experience in public law and judicial review. He was Public Law and Welfare Benefits Supervisor at the Hackney Community Law Centre (‘HCLC’) prior to pupillage, achieved a distinction in his public law LLM at University College London, and taught public law at Queen Mary Universal of London.

    Jeremy has experience in bringing and defending judicial review claims in the High Court, acting in County Court cases which raise public law issues, and representing both appellants and respondents in statutory appeals processes in the Court of Appeal, Upper Tribunal (Administrative Appeals Chamber), First-tier Tribunal (Social Entitlement Chamber) and (Property Chamber), and County Court.

    Jeremy’s cases include:

    Court of Appeal

    • City of Bradford Metropolitan District Council v Hasan Kazi [2024] EWCA Civ 1037: whether the Upper Tribunal (Lands Chamber) had erred in law by deciding that the Council’s policy on civil financial penalties for Housing Act 2004 offences fettered the First-tier Tribunal’s discretion (as junior to Riccardo Calzavara).
    • Assisting the solicitor with conduct in Webb-Harnden v London Borough of Waltham Forest [2023] EWCA Civ 992 concerning the applicability of the public sector equality duty under section 149 of the Equality Act 2010 to a suitability review of an offer of out of borough homeless accommodation to a single mother (as caseworker).
    • Assisting the solicitor with conduct in R (Akinsanya) v SSHD [2022] EWCA Civ 37 [2022] 2 W.L.R. 681 concerning the lawfulness of the EU Settlement Scheme for Zambrano carers (as caseworker).

    High Court

    • MT v Waltham Forest LBC (2024) EWHC (Admin) unreported: successfully obtaining interim relief for a homeless applicant where the council had misapplied section 185(4)-(5) of the Housing Act 1996 (as counsel).
    • M v Wandsworth LBC (2024) EWHC (Admin) unreported: successfully arguing that the council had made an official error when terminating a claimant’s housing benefit (as counsel). As this case was suspected to involve the use of the Housing Benefit Award Accuracy Initiative algorithm, it has received press coverage by the Independent.
    • R(RQ) v Croydon LBC (no 2) (2023): whether there had been unlawful delay and a failure to give adequate reasons for a family’s application to join the housing allocations scheme under part 6 of the Housing Act 1996 (as caseworker).
    • R(RQ) v Croydon LBC (2022) EWHC (Admin) unreported: whether Croydon LBC’s allocations scheme and application form was lawful (as caseworker).
    • Assisting the solicitor with conduct in R (Akinsanya) v SSHD [2021] EWHC 1535 (Admin) concerning the lawfulness of the EU Settlement Scheme for Zambrano carers (as caseworker).
    • Assisting the solicitor with conduct in R (Day) v SSWP [2021] EWHC 608 (Admin) [2021] P.T.S.R. 1342 concerning the lawfulness of the SSWP’s policy on fine deductions from Universal Credit (as caseworker).

    Upper Tribunal

    • DG v Bromley LBC [2024] UKUT 49 (AAC): whether the failure of a housing benefit officer to record information communicated orally to them was an official error of the purposes of housing benefit overpayments (as advocate).
    • HM v Secretary of State for Work and Pensions (BB) [2023] UKUT 15 (AAC): whether the exclusion of cohabiting partners without children from claiming bereavement benefit was in beach of articles 8 and 14 and article 1 of protocol 1 ECHR (as caseworker).
    • Waltham Forest LBC v PO (HB) [2022] UKUT 58 (AAC): whether the FtT applied the correct legal test for the qualified carer exemption to “bedroom tax” for housing benefit (as caseworker).
    • AE v SSWP (DLA) (2021) UKUT unreported: whether the FtT had applied the correct legal test and considered the relevant medical evidence when determining a disability living allowance appeal (as advocate).
    • JP v SSWP (DLA) (2020) UKUT unreported: representing a child with autism in a disability living allowance appeal, as to whether a child’s behaviour was unpredictable because the events that triggered that behaviour were themselves unpredictable (as advocate).
    • JG v SSWP (IIDB) (2019) UKUT unreported: whether the FtT applied the correct legal test or gave adequate reasons in an industrial injuries disablement benefit appeal (as advocate).

    First-tier Tribunal

    • YM v Secretary of State for Work and Pensions (UC) (2024) FtT unreported: whether the Secretary of State had complied with the statutory notice requirements when making a decision on a claimant’s housing costs (as counsel).
    • FE v HMRC (CTC) (2023) FtT unreported: whether the requirement for a disabled individual to respond to a tax credit notice under section 17 of the Tax Credit Act 2002 without further support was in breach of articles 8 and 14 ECHR and article 1 of protocol 1 ECHR (as advocate).
    • SE v SSWP (UC) (2023) FtT unreported: whether the exclusion of victims of domestic violence with pre-settled status but without an underlying right to reside was in breach of article 1 protocol 1 and article 14 ECHR and the EU Charter. This case was stayed behind AT v SSWP [2023] EWCA Civ 1307; [2024] 4 C.M.L.R. 10 (as advocate).
    • AB v Camden LBC (HB) (2023) FtT unreported: whether a local benefits authority could unilaterally agree to discharge housing benefit functions for another local benefits authority under section 134(5) of the Social Security Administration Act 1992 (as advocate).
    • LK v SSWP (PIP) (2022) FtT unreported: successfully arguing in the FtT that the past presence test for Personal Independence Payment was unlawfully discriminatory against victims of domestic violence with indefinite leave to remain under the domestic violence settlement route in breach of article 1 protocol 1 and article 14 ECHR (as advocate).

    County Court

    • Hynek -v- London Borough of Islington and (1) The Aire Centre (2) The 3Million Ltd (2024) County Court at Central London unreported: a section 204 appeal under the Housing Act 1996 considering whether the refusal to provide homelessness assistance under part 7 was a breach of the appellant’s right to dignity protected by the Withdrawal Agreement (as junior to Andy Lane).
    • GO v London Borough of Hackney (2024) County Court at Hastings unreported: an application for permission to appeal to a circuit judge concerning whether the conditions for default judgment had been met at the time when a district judge set aside an order for default judgment, applying Galliani v Sartori [2023] EWHC 3306 (Comm) (as counsel).
    • Folkestone & Hythe District Council v MD (2024) County Court at Canterbury unreported: whether the council had complied with the Equality Act 2010 when bringing possession proceedings against a secure tenant on the absolute ground for anti-social behaviour under section 84A of the Housing Act 1985 (as counsel).
    • BA v Royal Borough of Windsor and Maidenhead (2024) County Court at Winchester: whether a public law claim brought after the council banned the claimant from their premises should have been in the Administrative Court as a judicial review (as counsel).

    During pupillage, Jeremy assisted his supervisors with:

    • During pupillage, assisting with drafting grounds of defence to judicial review claims for local authorities in housing allocation and homelessness cases, including defences to human rights claims.
    • During pupillage, assisting with advising local campaign groups on the merits of planning and environment judicial review claims.
    • During pupillage, assisting with advising both developers and the Secretary of State in relation to public law challenges to Inspectors’ planning decisions.
  • Human Rights and Civil Liberties

    Jeremy has a strong commitment to and experience of human rights and civil liberties law. Prior to pupillage, Jeremy was the Public Law and Welfare Benefits Supervisor at the Hackney Community Law Centre (‘HCLC’) and volunteered for the Liberty Advice Line. He previously taught Public Law, which included human rights, at Queen Mary University.

    Jeremy has experience of ECHR and EU Charter of Fundamental Rights cases, both as an advocate/counsel and caseworker, including:

    Court of Appeal

    • Assisting the solicitor with conduct in Webb-Harnden v London Borough of Waltham Forest [2023] EWCA Civ 992 concerning the applicability of the public sector equality duty under section 149 of the Equality Act 2010 to a suitability review of an offer of out of borough homeless accommodation to a single mother (as caseworker). This case raised issues of indirect discrimination against women.
    • Assisting the solicitor with conduct in both the Admin Court and Court of Appeal in R (Akinsanya) v SSHD [2021] EWHC 1535 (Admin); [2022] EWCA Civ 37 [2022] 2 W.L.R. 681 concerning the lawfulness of the EU Settlement Scheme for Zambrano carers (as caseworker).

    Upper Tribunal

    • HM v SSWP (BB) [2023] UKUT 15 (AAC): whether the exclusion of cohabiting partners without children from claiming bereavement benefit was in beach of articles 8 and 14 and article 1 of protocol 1 ECHR (as caseworker).

    First Tier Tribunal

    • FE v HMRC (CTC) (2023) FtT unreported: a case in the FtT arguing that requiring a disabled individual to respond to a tax credit notice under section 17 of the Tax Credit Act 2002 without further support was in breach of articles 8 and 14 ECHR and article 1 of protocol 1 ECHR (as advocate).
    • LK v SSWP (PIP) (2022) FtT unreported: successfully arguing in the FtT that the past presence test for Personal Independence Payment was unlawfully discriminatory against victims of domestic violence with indefinite leave to remain under the domestic violence settlement route in breach of article 1 protocol 1 and article 14 ECHR (as advocate).
    • SE v SSWP (UC) (2023) FtT unreported: a case in the FtT arguing that the exclusion of victims of domestic violence with pre-settled status but without an underlying right to reside was in breach of article 1 protocol 1 and article 14 ECHR and the EU Charter. This case was stayed behind AT v SSWP [2023] EWCA Civ 1307; [2024] 4 C.M.L.R. 10 (as advocate).

    County Court

    • IK v London Borough of Enfield (2024) County Court at Edmonton unreported: successfully resisted the council’s application for an order for sale on the basis of article 1 protocol 1 and article 8 ECHR.
    • Hynek -v- London Borough of Islington and (1) The Aire Centre (2) The 3Million Ltd (2024) County Court at Central London unreported: a section 204 appeal under the Housing Act 1996 considering whether the refusal to provide homelessness assistance under part 7 was a breach of the appellant’s right to dignity protected by the Withdrawal Agreement (as junior to Andy Lane).

    Advisory work

    • FS v Director for Legal Aid Casework (2024): advising on whether exceptional case funding under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2010 should be granted in a complex First-tier Tribunal welfare benefits appeal.
    • YM v Director for Legal Aid Casework (2024): advising on whether exceptional case funding should be granted where the costs of work exceeded the amount of benefit that would be awarded if successful.
    • CG v Director for Legal Aid Casework (2024): advising on whether exceptional case funding could be obtained for an appeal in the Information Tribunal.

    Extra-curricular and academic achievements

    Jeremy has experience of the application of section 10 of the Legal Aid, Punishment and Sentencing of Offenders Act 2012, under which legal aid must be granted if refusal to do so would lead to a breach, or risk a breach, of an applicant’s Convention rights. He has written on this subject for the Legal Action Group magazine. He has assisted law centres, legal advice clinics and other legal aid firms with obtaining legal aid in benefits cases.

    Jeremy has a strong commitment to the rule of law and the constitutionality of legislative provisions. He contributed to the amendment of section 10 of the Nationality and Border Act 2020 in relation to the Home Secretary’s proposal to be able to deprive individuals of British citizenship without providing notice of the decision. He wrote an article for the UK Constitutional Law Association about the constitutionality of the proposed power. This was relied upon by Lord Anderson of Ipswich KC, the former Independent Reviewer of Terrorism Legislation, in negotiations with the Government to redraft the relevant provision, as indicated in a speech at Middle Temple.

    While volunteering at Liberty, Jeremy advised on a wide range of human rights issues including Schedule 7 of the Terrorism Act 2000, complaints to the Independent Office of Police Conduct and actions against the police, and surveillance by the security services.

    Jeremy has also provided training sessions for student protestors on the interaction between their rights under articles 10 and 11 ECHR and possession proceedings.

    Pupillage

    During pupillage, Jeremy assisted with:

    • Drafting grounds of defence to a judicial review of a local authority’s allocations scheme being challenged under articles 8 and 14 ECHR.
    • Drafting representations in a councillor code of conduct matter where article 10 ECHR was engaged in respect of political speech.

    Drafting advice for a climate organisation seeking to rely on articles 2, 3 and 8 ECHR in a judicial review claim.

  • Housing

    Jeremy has extensive experience in housing, homelessness and allocations having worked as a Housing and Benefits Case Worker at the Hackney Community Law Centre (‘HCLC’) for four years and continuing to practice housing at Cornerstone Barristers. Jeremy is also a specialist in advising and representing clients in cases where there is an intersection between housing and welfare benefits.

    Jeremy has experience in the following types of housing cases:

    • Possession proceedings including rent arrears, disrepair and, and public law and Equality Act 2010 issues.
    • Succession cases including difficult cases where applicants had no evidence and succession depended on credibility, and discretionary succession.
    • Housing allocations and homelessness judicial review claims.
    • Section 202 reviews on a range of issues including priority need, eligibility, suitability, intentional homelessness, reasonableness to occupy etc.
    • Section 204 appeals including reasonableness to occupy for a victim of domestic violence, the suitability of out of borough offers of accommodation and intentional homelessness.
    • Housing licensing and standards cases under the Housing Act 2004.

    Alongside litigation experience, Jeremy also has experience of advising on matters of policy and procedure for public sector landlords.

    Jeremy has acted in the following cases:

    Court of Appeal

    • City of Bradford Metropolitan District Council v Hasan Kazi [2024] EWCA Civ 1037: whether the Upper Tribunal (Lands Chamber) had erred in law by deciding that the Council’s policy on civil financial penalties for Housing Act 2004 offences fettered the First-tier Tribunal’s discretion (as junior to Riccardo Calzavara).
    • Assisting the solicitor with conduct in Webb-Harnden v London Borough of Waltham Forest [2023] EWCA Civ 992 concerning the applicability of the public sector equality duty under section 149 of the Equality Act 2010 to a suitability review of an offer of out of borough homeless accommodation to a single mother (as caseworker).

    High Court

    • MT v Waltham Forest LBC (2024) EWHC (Admin) unreported: successfully obtaining interim relief for a homeless applicant where the council had misapplied section 185(4)-(5) of the Housing Act 1996 (as counsel).
    • M v Wandsworth LBC (2024) EWHC (Admin) unreported: successfully arguing that the council had made an official error when terminating a claimant’s housing benefit in relation to temporary accommodation, where there were related possession proceedings relying on a mandatory ground. As this case was suspected to involve the use of the Housing Benefit Award Accuracy Initiative algorithm, it has received press coverage by the Independent.
    • R(RQ) v Croydon LBC (no 2) (2023): whether there had been unlawful delay and a failure to give adequate reasons for a family’s application to join the housing allocations scheme under part 6 of the Housing Act 1996 (as caseworker).
    • R(RQ) v Croydon LBC (2022) EWHC (Admin) unreported: whether Croydon LBC’s allocations scheme and application form was lawful (as caseworker).

    County Court

    • Hynek -v- London Borough of Islington and (1) The Aire Centre (2) The 3Million Ltd (2024) County Court at Central London unreported: a section 204 appeal under the Housing Act 1996 considering whether the refusal to provide homelessness assistance under part 7 was a breach of the appellant’s right to dignity protected by the Withdrawal Agreement (as junior to Andy Lane).
    • Southwark LBC v HD (2024) County Court at Clerkenwell and Shoreditch unreported: successfully obtaining a possession order and unlawful profit order against a tenant who was unlawfully subletting the whole of their council property for profit (as counsel).
    • Camden LBC v RO (2024) County Court at Central London unreported: defending a tenant who is arguing that they had succeeded to a secure tenancy under the Housing Act 1985 (as counsel).
    • Wandsworth LBC v M (2024) County Court at Wandsworth unreported: successfully resisting the council’s application to set aside an order made in their absence where a district judge had dismissed their possession claim (as counsel).
    • Folkestone & Hythe District Council v MD (2024) County Court at Canterbury unreported: whether the council had complied with the Equality Act 2010 when bringing possession proceedings against a secure tenant on the absolute ground for anti-social behaviour under section 84A of the Housing Act 1985 (as counsel).

    Pupillage

    During pupillage, Jeremy assisted with:

    • Advising a council on the consequences in terms of security of tenure of transferring temporary accommodation from private ownership to council ownership.
    • Advising a council on their public law obligations to monitor and review an agreement with a Tenancy Management Organisation.
    • Advising a council on whether it was lawful to contract out review functions under section 202 of the Housing Act 1996.
    • Advising a council on whether their housing allocations scheme under part 6 of the Housing Act 1996 complied with the Equality Act 2010.
    • Drafting grounds of defence to a judicial review of a local authority for failure to provide accommodation under the Care Act 2014 where there was an alternative remedy of another local authority providing Housing Act 1996 accommodation.
    • Drafting grounds of defence to a judicial review claim of a local authority’s allocations scheme being challenged under articles 8 and 14 ECHR.
  • Welfare Benefits

    Jeremy has over seven years’ experience of welfare benefits advice and representation. Prior to joining Cornerstone Barrister, Jeremy was Public Law and Welfare Benefits Supervisor at the Hackney Community Law Centre. In 2019, Jeremy was a volunteer researcher at Big Brother Watch investigating the digitisation of the social welfare sector, including the use of artificial intelligence and algorithms. He is able to consult with solicitors on obtaining legal aid funding for welfare benefits cases. His experience includes:

    • Drafting template pre-action protocol letters before claim for Child Poverty Action Group;
    • Representing benefits claimants in judicial review claims and understanding the delineation between appealable and non-appealable benefits decisions.
    • Regularly appearing as advocate and/or representing benefits applicants in Upper Tribunal appeals;
    • Regularly representing appellants in complex First-tier Tribunal (Social Entitlement Chamber) appeals including human rights cases and appeals raising novel points of law;
    • Advising members of the public, colleagues and professional clients on the interaction between welfare benefits and housing issues;
    • Providing advice and training on welfare benefits issues, including obtaining legal aid funding, including:

    Jeremy has particular experience of the applicability of the ECHR and EU law to benefits cases and of the intersection between welfare benefits and the digitisation of the public sector. His cases include:

    High Court

    • M v Wandsworth LBC (2024) EWHC (Admin) unreported: successfully arguing that the council had made an official error when terminating a claimant’s housing benefit. As this case was suspected to involve the use of the Housing Benefit Award Accuracy Initiative algorithm, it has received press coverage by the Independent.
    • Assisting the solicitor with conduct in R (Day) v SSWP [2021] EWHC 608 (Admin) [2021] P.T.S.R. 1342 concerning the lawfulness of the SSWP’s policy on fine deductions from Universal Credit (as caseworker). The fine deductions were applied via an automated system.

    Upper Tribunal

    • DG v Bromley LBC [2024] UKUT 49 (AAC): whether the failure of a housing benefit officer to record information communicated orally to them was an official error of the purposes of housing benefit overpayments (as advocate).
    • HM v Secretary of State for Work and Pensions (BB) [2023] UKUT 15 (AAC): whether the exclusion of cohabiting partners without children from claiming bereavement benefit was in beach of articles 8 and 14 and article 1 of protocol 1 ECHR (as caseworker).
    • Waltham Forest LBC v PO (HB) [2022] UKUT 58 (AAC): whether the FtT applied the correct legal test for the qualified carer exemption to “bedroom tax” for housing benefit (as caseworker).
    • AM v SSWP (PIP) (2022) UKUT unreported: whether the FtT had applied the correct legal test as to whether a disability affected the appellant for the “majority of the time” under regulation 7 of the Social Security (Personal Independence Payment) Regulations 2013 (decided on the papers).
    • AE v SSWP (DLA) (2021) UKUT unreported: whether the FtT had applied the correct legal test and considered the relevant medical evidence when determining a disability living allowance appeal (as advocate).
    • JP v SSWP (DLA) (2020) UKUT unreported: representing a child with autism in a disability living allowance appeal, as to whether a child’s behaviour was unpredictable because the events that triggered that behaviour were themselves unpredictable (as advocate).
    • JG v SSWP (IIDB) (2019) UKUT unreported: whether the FtT applied the correct legal test or gave adequate reasons in an industrial injuries disablement benefit appeal (as advocate).
    • NA v SSWP (ESA) (2019) UKUT unreported: whether the FtT applied the correct test as to “substantial risk” under regulation 35 of the Employment and Support Allowance Regulations 2008 (decided on the papers).

    First-tier Tribunal

    • YM v Secretary of State for Work and Pensions (UC) (2024) FtT unreported: whether the Secretary of State had complied with the statutory notice requirements when making a decision on a claimant’s housing costs.
    • FE v HMRC (CTC) (2023) FtT unreported: a case arguing that requiring a disabled individual to respond to a tax credits notice under section 17 of the Tax Credit Act 2002 without further support was in breach of articles 8 and 14 ECHR and article 1 of protocol 1 ECHR (as advocate). It was suspected that the claimant was targeted by the Fraud and Error Assessment System Tool algorithm used by HMRC for Tax Credits cases.
    • SE v SSWP (UC) (2023) FtT unreported: whether the exclusion of victims of domestic violence with pre-settled status but without an underlying right to reside was in breach of article 1 protocol 1 and article 14 ECHR and the EU Charter of Fundamental Rights. This case was stayed behind AT v SSWP [2023] EWCA Civ 1307; [2024] 4 C.M.L.R. 10 (as advocate).
    • AB v Camden LBC (HB) (2023) FtT unreported: whether a local benefits authority could unilaterally agree to discharge housing benefit functions for another local benefits authority under section 134(5) of the Social Security Administration Act 1992 (as advocate).
    • LK v SSWP (PIP) (2022) FtT unreported: the FtT accepted the argument that the past presence test for Personal Independence Payment was unlawfully discriminatory against victims of domestic violence with indefinite leave to remain under the domestic violence settlement route in breach of article 1 protocol 1 and article 14 ECHR (as advocate).

    Advisory work

    • FS v Director for Legal Aid Casework (2024): advising on whether exceptional case funding under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2010 should be granted in a complex First-tier Tribunal welfare benefits appeal;
    • YM v Director for Legal Aid Casework (2024): advising on whether exceptional case funding should be granted where the costs of work exceeded the amount of benefit that would be awarded if successful.
  • Planning, Environment and Climate

    Jeremy is keen to build up a planning, environmental and climate practice, with a particular interest in claimant environmental and climate work. During Jeremy’s public law LLM, he studied Land Use, Sustainability and Environmental Justice and the Law and Policy of Climate Change.

    During pupillage, Jeremy assisted with:

    • Advising local campaign groups and climate organisations on the merits of planning, environment and climate judicial review claims.
    • Advising and drafting grounds for developers, local planning authorities and the Secretary of State in relation to challenges to planning committees’ and planning inspectors’ decisions.

    Prior to pupillage, Jeremy was a part-time Planning Voice Caseworker for Southwark Law Centre. During that time, Jeremy:

    • Advised Extinction Rebellion on the refurbishment of council estates and the merits of challenging the decision to demolish, rather than refurbish, a council owned tower block, on climate grounds.
    • Assisted a Black-British business to challenge a planning permission granted by a local authority where the decision failed to comply with section 149 Equality Act 2010.
    • Assisted traders to object to a compulsory purchase order application in relation to the Elephant and Castle Shopping Centre.
    • Advising traders relocated from the Elephant and Castle Shopping Centre on their rights under a section 106 agreement.
    • Assisted the 35% Campaign Group to make representations on the amount of social housing which would be provided in a large-scale housing development in Southwark.
    • Advised a campaign group on how a local authority’s heritage protection plans applied to a planning application.
    • Advising residents of a marina as to the Equality Act 2010, Human Rights Act 1998, and planning law implications of a decision to redevelop the marina.
  • Licensing

    Jeremy is developing a practice in housing licensing and housing conditions including the issuance of improvement notices and prohibition orders under the Housing Act 2004, banning orders under Housing and Planning Act 2016 and enforcement powers relating to statutory nuisances under EPA.

    As junior to Riccardo Calzavara, Jeremy successfully represented the local authority in City of Bradford Metropolitan District Council v Hasan Kazi [2024] EWCA Civ 1037 on whether the Upper Tribunal (Lands Chamber) had erred in law by deciding that the Council’s policy on civil financial penalties for Housing Act 2004 offences fettered the First-tier Tribunal’s discretion.

    Jeremy has also been instructed by local authorities in Housing Act 2004 appeals in the First-tier Tribunal (Property Chamber).

  • Information Law and Data Protection

    Jeremy is developing a practice in information and data protection law. Jeremy has particular experience of representing and advising benefits claimants and homelessness/housing register applicants who have been impacted by the digitisation of the social welfare sector.

    Prior to pupillage, Jeremy had volunteered at Big Brother Watch as a researcher investigating the use of algorithms and artificial intelligence in the social welfare sector and assisted with making freedom of information requests to police forces regarding their use of facial recognition technology.

    Jeremy has acted in the following cases which raise data protection and information issues:

    High Court

    • M v Wandsworth LBC (2024) EWHC (Admin) unreported: successfully arguing that the council had made an official error when terminating a claimant’s housing benefit (as counsel). As this case was suspected to involve the use of the Housing Benefit Award Accuracy Initiative algorithm, it has received press coverage by the Independent.
    • R(RQ) v Croydon LBC (2022) EWHC (Admin) unreported: whether Croydon LBC’s allocations scheme and application form was lawful (as caseworker). It was successfully argued that the application form discouraged lawfully entitled applicants from applying to the allocations scheme under part 6 of the Housing Act 1996.
    • Assisting the solicitor with conduct in R (Day) v SSWP [2021] EWHC 608 (Admin) [2021] P.T.S.R. 1342 concerning the lawfulness of the SSWP’s policy on fine deductions from Universal Credit (as caseworker). The fine deductions were applied via an automated system.

    First-tier Tribunal

    • YM v Secretary of State for Work and Pensions (UC) (2024) FtT unreported: whether the Secretary of State had complied with the statutory notice requirements by communicating a decision on housing costs via the online Universal Credit system (as counsel). The appeal also raised issues of automated decision making.
    • FE v HMRC (CTC) (2023) FtT unreported: a case arguing that requiring a disabled individual to respond to a tax credits notice under section 17 of the Tax Credit Act 2002 without further support was in breach of articles 8 and 14 ECHR and article 1 of protocol 1 ECHR (as advocate). It was suspected that the claimant was targeted by the Fraud and Error Assessment System Tool algorithm used by HMRC for Tax Credits cases.

    During pupillage, Jeremy assisted with:

    • Drafting opinions on the lawfulness of data sharing between local licensing authorities and the police.

    Researching the applicable law for Freedom of Information Act 2000 appeals

About Jeremy

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